IN RE CLELAND

No. 12, Original.

218 U.S. 120 (1910)

IN RE HENRY A. CLELAND, PETITIONER.

Supreme Court of United States.

Decided May 31, 1910.


Attorney(s) appearing for the Case

Mr. C.D. Joslyn, with whom Mr. Paul B. Moody was on the brief, for petitioner.

Mr. De Forest Paine for respondent.


MR. JUSTICE HOLMES delivered the opinion of the court.

This is a petition for a writ of mandamus commanding the Honorable Henry H. Swan, sitting in the Circuit Court of the United States for the Eastern District of Michigan, to dismiss a cause on the ground that the suit does not really and substantially involve a controversy within the jurisdiction of that court. Act of March 3, 1875, c. 137, § 5. 18 Stat. 470, 472. The suit in question was begun

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